I 

115TH CONGRESS 

2D SESSION H. R. 5982 

To amend title 5, United States Code, to increase the gratuity owed upon 

death of an employee in connection with the employee’s service with 

an Armed Force, to limit the amount of any death gratuity paid upon 

the death of a Member of Congress, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2018 

Mrs. WALORSKI introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to increase the gratuity owed upon death of an employee in connection 

with the employee’s service with an Armed Force, to 

limit the amount of any death gratuity paid upon the 

death of a Member of Congress, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. INCREASE IN GRATUITY FOR DEATH OF AN EM2 PLOYEE INCURRED IN CONNECTION WITH 

3 THE EMPLOYEE’S SERVICE WITH AN ARMED 

4 FORCE. 

5 (a) IN GENERAL.—Section 8102a of title 5, United 

6 States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘$100,000’’ 

8 and inserting ‘‘$200,000’’; and 

9 (2) in subsection (d)— 

10 (A) by striking paragraph (1) and insert11 ing the following: 

12 ‘‘(1)(A) With respect to a death gratuity pay13 able upon the death of an employee covered by sub14 section (a)— 

15 ‘‘(i) if the employee has a surviving spouse, 

16 60 percent of the gratuity shall be paid to that 

17 spouse and the remaining 40 percent of the 

18 gratuity shall be paid in accordance with sub19 paragraphs (B) and (C) of this paragraph and 

20 paragraphs (4) and (5); or 

21 ‘‘(ii) if the employee has no surviving 

22 spouse, the gratuity shall be paid in accordance 

23 with subparagraphs (B) and (C) of this para24 graph and paragraphs (4) and (5). 

25 ‘‘(B) Subject to paragraph (5), the remainder 

26 of a death gratuity payable pursuant to subparaVerDate Sep 11 2014 18:40 Jun 04, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5982.IH H5982

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1 graph (A)(i), or a death gratuity payable pursuant 

2 to subparagraph (A)(ii), (as the case may be) shall 

3 be paid to or for the living survivor highest on the 

4 following list: 

5 ‘‘(i) The employee’s children, as prescribed 

6 by paragraph (2), in equal shares. 

7 ‘‘(ii) If designated by the employee, any 

8 one or more of the following persons: 

9 ‘‘(I) The employee’s parents or per10 sons in loco parentis, as prescribed by 

11 paragraph (3). 

12 ‘‘(II) The employee’s brothers. 

13 ‘‘(III) The employee’s sisters. 

14 ‘‘(iii) The employee’s parents or persons in 

15 loco parentis, as prescribed by paragraph (3), 

16 in equal shares. 

17 ‘‘(iv) The employee’s brothers and sisters 

18 in equal shares. 

19 ‘‘(C) Clauses (ii) and (iv) of subparagraph (B) 

20 include brothers and sisters of the half blood and 

21 those through adoption.’’; and 

22 (B) by striking paragraph (6). 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 Subsection (d) of section 8102a of title 5, United States 

25 Code, is further amended— 


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1 (1) in paragraph (2), by striking ‘‘Paragraph 

2 (1)(B)’’ and inserting ‘‘Paragraph (1)(B)(i)’’; 

3 (2) in paragraph (3), by striking ‘‘Subpara4 graphs (C) and (D) of paragraph (1)’’ and inserting 

5 ‘‘Clauses (ii) and (iii) of paragraph (1)(B)’’; 

6 (3) in paragraph (4)— 

7 (A) by striking ‘‘A person’’ and inserting 

8 ‘‘Except as provided in paragraph (1)(A)(i), a 

9 person’’; and 

10 (B) by striking ‘‘subparagraphs (A) 

11 through (E) of paragraph (1)’’ and inserting 

12 ‘‘clauses (i) through (iv) of paragraph (1)(B)’’.; 

13 and 

14 (4) in paragraph (5), by striking ‘‘paragraph 

15 (1).’’ and inserting ‘‘paragraph (1)(B).’’. 

16 (c) APPLICATION.—The amendments made by this 

17 section shall apply with respect to the death of any em18 ployee described under section 8102a(a) of title 5, United 

19 States Code, occurring after the date of enactment of this 

20 section. 

21 SEC. 2. LIMITATION ON GRATUITY PAID UPON THE DEATH 

22 OF A MEMBER OF CONGRESS. 

23 (a) LIMITATION.—No payment in excess of $74,000 

24 may be made from the applicable accounts of the House 

25 of Representatives, the contingent fund of the Senate, or 


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1 any other appropriated funds for a death gratuity pay2 ment to the widow, widower, or heirs-at-law of any Mem3 ber of Congress who dies after the commencement of the 

4 Congress to which the Member has been elected. 

5 (b) NO EFFECT ON OTHER PAYMENTS TO SUR6 VIVORS.—Nothing in subsection (a) shall be construed to 

7 prohibit or affect the payment to any individual of any 

8 unpaid balance or salary or other sums due to a Member 

9 of Congress who dies after the commencement of the Con10 gress to which the Member has been elected. 

11 (c) DEFINITION.—For purposes of this section, a 

12 ‘‘Member of Congress’’ means a Senator or a Representa13 tive in, or Delegate or Resident Commissioner to, the Con14 gress. 

15 (d) APPLICATION.—This section shall apply with re16 spect to the death of any Member of Congress occurring 

17 after the date of the enactment of this section. 

Æ 


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